Okla. Stat. tit. 27A, § 27A-2-10-501

Permit - Restrictions.

A. The Department of Environmental Quality may issue a permit

for a landfill disposal site, which is not a hazardous waste

facility, which accepts unspecified nonhazardous industrial solid

waste, only under the following circumstances:

1. The landfill is located outside of areas of principal

groundwater resource or recharge areas as determined and mapped by

the Oklahoma Geological Survey or is on a proposed site on property

owned or operated by a person who also owns or operates a hazardous

waste facility or solid waste facility, on or contiguous to property

on which a hazardous waste facility or solid waste facility is

operating pursuant to a permit and the site is designed to meet the

most environmentally protective solid waste rules promulgated by the

Environmental Quality Board and includes a leachate collection

system; or

2. The landfill complies with all siting and public

participation requirements as though the solid waste landfill were a

hazardous waste landfill; or

3. The site is proposed and designed as a nonhazardous

industrial solid waste landfill which will be owned, operated, or

owned and operated by an industry or manufacturer for its exclusive

noncommercial use; or

4. The landfill is owned or operated by a municipality or is a

privately owned landfill which regularly serves one or more

municipalities and which has been accepting nonhazardous industrial

solid waste under approval of the Department.

B. The provisions of this section shall apply to all pending

applications for which final agency action has not been taken,

future permit applications and facilities which are not fully

operational.

C. Except as otherwise provided in subsection A of this

section, the Department shall not allow a solid waste disposal site

to accept any nonhazardous industrial solid waste type unless:

1. Said site is permitted by the Department to accept such

waste type;

2. The landfill is owned or operated by a municipality or is a

privately owned landfill which regularly serves one or more

municipalities and which has been accepting nonhazardous industrial

solid waste under approval of the Department; or

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 242

3. The site is proposed, designed, and permitted as a

nonhazardous industrial solid waste monofill.

D. 1. New landfills which accept nonhazardous industrial solid

waste shall not be constructed nor shall such existing landfills be

expanded which are located within a seismic impact zone unless the

applicant demonstrates that all containment structures, including

liners, leachate collection systems, and surface water control

systems, are designed to resist the maximum horizontal acceleration

in lithified earth material for the site.

2. No nonhazardous industrial solid waste landfill shall be

located within five (5) miles of a known epicenter of an earthquake

of more than 4.0 on the Richter Scale or a number V on the modified

Mercalli Scale as recorded by the Oklahoma Geological Survey.

3. Landfill disposal sites that only receive ash generated by

the burning of coal for the purpose of generating electricity by

electric utilities and independent power producers are subject to

paragraph 1 of this subsection. Otherwise, paragraphs 1 and 2 of

this subsection shall not apply to a nonhazardous industrial solid

waste landfill which is owned or operated by:

a. an industry or manufacturer and utilized for such

industry's or manufacturer's exclusive noncommercial

use, or

b. a municipality, or is a privately owned landfill which

regularly serves one or more municipalities, and which

has been accepting nonhazardous industrial solid waste

under approval of the Department.

E. 1. Except as otherwise provided by this subsection, the

Department shall not issue, amend or modify a permit to allow a

solid waste landfill to accept more than one type of nonhazardous
or

b. a municipality, or is a privately owned landfill which

regularly serves one or more municipalities, and which

has been accepting nonhazardous industrial solid waste

under approval of the Department.

E. 1. Except as otherwise provided by this subsection, the

Department shall not issue, amend or modify a permit to allow a

solid waste landfill to accept more than one type of nonhazardous

industrial solid waste for disposal unless said landfill is equipped

with a composite liner and a leachate collection system designed and

constructed in compliance with rules promulgated by the Board.

2. Any landfill which is owned, operated, or owned and operated

by an industry or manufacturer and utilized for such industry's or

manufacturer's exclusive noncommercial use may be required to

install a composite liner and a leachate collection system as

determined to be necessary by the Department on a case-by-case

basis.

3. The Department shall not require composite liners and

leachate collection systems for any nonhazardous industrial solid

waste landfill initially licensed by the Department prior to July 1,

1992, which is owned and operated by an industry or manufacturer and

utilized for such industry's or manufacturer's exclusive

noncommercial use.

F. No limitation shall be placed on the percentage of

nonhazardous industrial solid waste that may be accepted for

disposal at solid waste landfills which have a composite liner and a

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leachate collection system designed and constructed in compliance

with rules promulgated by the Board.

G. Solid waste disposal site operators shall submit to the

Department an itemized monthly report of the type, quantity and

source of nonhazardous industrial solid waste accepted the previous

month. Solid waste disposal sites that are owned and operated by an

industry or manufacturer which are utilized for such industry's or

manufacturer's exclusive noncommercial use are not required to

submit monthly reports to the Department but shall maintain in the

operating record information regarding the type and quantity of

nonhazardous industrial waste accepted each month. Information

maintained in the operating record shall be made available to the

Department upon request.

H. 1. Before sending waste identified as nonhazardous

industrial solid waste for disposal in an Oklahoma solid waste

landfill, a certification that the waste is not a hazardous waste as

such term is defined in the Oklahoma Hazardous Waste Management Act

shall be submitted to the Department. Such certification shall be

made by:

a. the original generator,

b. a person who identifies and is under contract with a

generator and whose activities under the contract

cause the waste to be generated,

c. a party to a remediation project under an order of the

Department or under the auspices of the Oklahoma

Energy Resources Board or other agencies of other

states, or

d. a person responding to an environmental emergency.

2. The Department may require the certifier to substantiate the

certification by appropriate means, when it is reasonable to believe

such waste may be hazardous. Such substantiation may include

Material Safety Data Sheets, an explanation of specific technical

process knowledge adequate to identify that the waste is not a

hazardous waste, or laboratory analysis.

I. Any generator seeking to exclude a specific nonhazardous

industrial solid waste, which is also an inert waste, from the

provisions of this section may petition the Department for a

regulatory exclusion. The generator shall demonstrate to the

satisfaction of the Department that the waste is inert and that it

may be properly disposed.

J. Unless otherwise specified in this section, by January 1,

1993, solid waste landfills existing on the effective date of this

section which are required by this section to utilize composite
f this section may petition the Department for a

regulatory exclusion. The generator shall demonstrate to the

satisfaction of the Department that the waste is inert and that it

may be properly disposed.

J. Unless otherwise specified in this section, by January 1,

1993, solid waste landfills existing on the effective date of this

section which are required by this section to utilize composite

liners and leachate collection systems and are not doing so shall

cease to accept nonhazardous industrial solid waste.

K. Notwithstanding any other provision of the Oklahoma Solid

Waste Management Act, no solid waste permit shall be required for an

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incineration facility burning nonhazardous solid waste for the

purpose of disposing of the waste if:

1. The incinerator has an air quality permit from the

Department;

2. Storage of waste at the site prior to incineration is

limited to the lesser of twenty (20) tons or the volume reasonably

expected to be incinerated within ten (10) days, considering the

nature of the waste and the manufacturer's approved charge rate for

the incinerator;

3. The waste is stored at a location and managed in a manner

which minimizes the risk of a release, exposure or other incident

which could threaten human health or the environment, including the

storage of liquids within adequate secondary containment;

4. All ashes and residues from the incineration process are

managed in accordance with applicable statutes and rules; and

5. a. The incinerator is owned and operated by a business or

industry for the incineration of its own waste

exclusively, or

b. The waste feed rate of the incinerator does not exceed

five (5) tons per day.